NY State Senate Bill 2009-S4699

Senate Bill S4699

2009-2010 Legislative Session

Directs the state office of homeland security to conduct a review and analysis of security measures at rail yards

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to veterans, homeland security and military affairs
Apr 27, 2009	referred to veterans, homeland security and military affairs

2009-S4699 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add §716, Exec L

2009-S4699 (ACTIVE) - Summary

Directs the state office of homeland security to conduct a review and analysis of security measures at rail yards and to issue related reports and recommendations.

2009-S4699 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4699

 TITLE OF BILL :

An act to amend the executive law, in relation to directing the state
office of homeland security to conduct a review and analysis of
security measures at rail yards


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would authorize the Office of Homeland Security to conduct a
review and analysis of security measures at rail yards, in order to
help to ensure proper security at these critical sites.

 SUMMARY OF PROVISIONS :

This bill would:

* Allow the director of the office of homeland security to conduct a
review and analysis of security measures being taken by the owners and
operators of rail yard facilities;

* Allow the director of the office of homeland security to:

* Identify and prepare a list of all rail yard facilities in the

state;

* Identify those facilities that provide storage and/or transportation
of such substances that pose a risk to the public in the event of an
unauthorized discharge; and

* Require rail yard facilities to prepare a vulnerability assessment
of the security measures taken to prevent and respond to an
unauthorized release of hazardous substances. The director shall
review the assessment and make recommendations based on the report.

* Require, on or before June 1, 2010, the director of the Office of
Homeland Security to make a preliminary report to the governor, the
temporary president of the senate, the speaker of the assembly, the
commissioner of transportation, and the chief executive officer of any
affected facility.

* Require, on or before December 31, 2010, and not later than three
years after that date, and every five years thereafter, the director
of the Office of Homeland Security to make a comprehensive report,
with this report:

* Reviewing measures being taken regarding critical infrastructure
related to rail yard facilities; and

* Assessing the effectiveness of these measures, and make
recommendations; and

* Requiring the recipients of this report to develop confidentiality
protocols for information derived from assessments and security plans.

* Granting the departments of transportation and environmental
conservation the authority to require any owner or operator of a rail
yard facility to comply with the recommendations of the director of
the office of homeland security.

 JUSTIFICATION :



In the years that have followed the September 11th attacks, New York
State has substantially increased measures to protect the public from
terrorist attacks.

One of those steps has been to protect the chemical plant facilities
in this state.

However, even if the chemical plant facilities are secure, the
railways that run in and out of them may not be. Data indicates that
more than 1.7 million shipments of hazardous materials were
transported last year. A recent accident in central New York,
highlighted the important need for this security.

This bill would provide another safeguard towards protecting the
public from an event that could result in mass casualties and serious
property damage.

 PRIOR LEGISLATIVE HISTORY :

2008 - S.3644: Reported and Advanced to 3rd Reading.

 FISCAL IMPLICATIONS :

None Noted.

 EFFECTIVE DATE :
This act would take effect immediately.

2009-S4699 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4699

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to  directing  the  state
  office  of homeland security to conduct a review and analysis of secu-
  rity measures at rail yards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 716 to
read as follows:
  S 716. PROTECTION OF CRITICAL INFRASTRUCTURE; RAIL YARDS. 1.  NOTWITH-
STANDING  ANY  OTHER PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF
AN APPROPRIATION, THE DIRECTOR SHALL CONDUCT A REVIEW  AND  ANALYSIS  OF
MEASURES  BEING  TAKEN BY THE OWNERS AND OPERATORS OF RAIL YARDS FACILI-
TIES TO PROTECT THE SECURITY OF CRITICAL INFRASTRUCTURE RELATED TO  SUCH
FACILITIES.  THE  DIRECTOR SHALL HAVE THE AUTHORITY TO REVIEW ALL AUDITS
OR REPORTS RELATED TO THE  SECURITY  OF  SUCH  CRITICAL  INFRASTRUCTURE,
INCLUDING  ALL  SUCH AUDITS OR REPORTS MANDATED BY STATE AND FEDERAL LAW
OR REGULATION, INCLUDING SPILL PREVENTION REPORTS  AND  RISK  MANAGEMENT
PLANS,  AUDITS AND REPORTS CONDUCTED AT THE REQUEST OF ANY FEDERAL ENTI-
TY, OR ANY OTHER AGENCY OR AUTHORITY  OF  THE  STATE  OR  ANY  POLITICAL
SUBDIVISION  THEREOF,  AND  REPORTS  PREPARED BY OWNERS AND OPERATORS OF
SUCH FACILITIES AS REQUIRED IN THIS SUBDIVISION. THE OWNERS  AND  OPERA-
TORS  OF SUCH RAIL YARD FACILITIES SHALL, IN COMPLIANCE WITH ANY FEDERAL
AND STATE REQUIREMENTS REGARDING THE DISSEMINATION OF SUCH  INFORMATION,
PROVIDE ACCESS TO THE DIRECTOR TO SUCH AUDITS AND REPORTS REGARDING SUCH
CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER, EXCLUSIVE CUSTODY AND CONTROL
OF SUCH AUDITS AND REPORTS SHALL REMAIN SOLELY WITH THE OWNERS AND OPER-
ATORS  OF  SUCH FACILITIES TO THE EXTENT NOT INCONSISTENT WITH ANY OTHER
LAW. FOR THE PURPOSES OF THIS SECTION "CRITICAL INFRASTRUCTURE" HAS  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03351-01-9

S. 4699                             2

MEANING  ASCRIBED TO THAT TERM IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX
OF THE PUBLIC OFFICERS LAW.
  2.  TO EFFECTUATE HIS OR HER DUTIES PURSUANT TO THIS SECTION AND IDEN-
TIFY RISKS TO THE PUBLIC, THE DIRECTOR SHALL:
  (A) IDENTIFY AND PREPARE A LIST OF ALL RAIL  YARD  FACILITIES  IN  THE
STATE;
  (B)  IN  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION AND ANY
STATE, LOCAL AND MUNICIPAL OFFICIALS AS  MAY  BE  APPROPRIATE,  IDENTIFY
RAIL  YARD FACILITIES, WHICH BECAUSE OF THEIR STORAGE AND/OR TRANSPORTA-
TION OF, OR RELATIONSHIP TO,  SUCH  SUBSTANCES  IDENTIFIED  PURSUANT  TO
PARAGRAPH  (A)  OF  SUBDIVISION TWO OF SECTION SEVEN HUNDRED FOURTEEN OF
THIS ARTICLE POSE RISKS TO THE PUBLIC SHOULD AN UNAUTHORIZED RELEASE  OF
SUCH HAZARDOUS SUBSTANCES OCCUR; AND
  (C) REQUIRE SUCH RAIL YARD FACILITIES IDENTIFIED PURSUANT TO PARAGRAPH
(A)  OF  THIS  SUBDIVISION,  AS THE DIRECTOR SO DETERMINES, TO PREPARE A
VULNERABILITY ASSESSMENT OF THE SECURITY MEASURES TAKEN BY SUCH  FACILI-
TIES  TO  PREVENT  AND  RESPOND TO THE UNAUTHORIZED RELEASE OF HAZARDOUS
SUBSTANCES AS MAY BE STORED THEREIN, WHICH ASSESSMENTS THE  DIRECTOR  OF
THE  OFFICE  OF  HOMELAND SECURITY SHALL REVIEW AND CONSIDER IN LIGHT OF
THE SERIOUSNESS OF THE RISK POSED AND  VULNERABILITY  OF  SUCH  FACILITY
AND, WHERE APPROPRIATE, MAKE RECOMMENDATIONS WITH RESPECT THERETO.
  3.  (A)  ON OR BEFORE JUNE FIRST, TWO THOUSAND TEN, THE DIRECTOR SHALL
MAKE A PRELIMINARY REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER OF TRANSPORTA-
TION  AND  THE  CHIEF EXECUTIVE OFFICER OF ANY SUCH AFFECTED FACILITY OR
HIS OR HER DESIGNEE, AND ON OR BEFORE DECEMBER THIRTY-FIRST,  TWO  THOU-
SAND TEN, AND NOT LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE
YEARS  THEREAFTER, THE DIRECTOR SHALL REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  COMMIS-
SIONER  OF  TRANSPORTATION  AND  THE CHIEF EXECUTIVE OFFICER OF ANY SUCH
AFFECTED FACILITY OR HIS OR HER DESIGNEE. SUCH REPORT SHALL  REVIEW  THE
SECURITY  MEASURES BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED
TO RAIL YARD FACILITIES, ASSESS THE EFFECTIVENESS THEREOF,  AND  INCLUDE
RECOMMENDATIONS  TO THE LEGISLATURE, THE DEPARTMENT OF TRANSPORTATION IF
THE DIRECTOR DETERMINES THAT ADDITIONAL  MEASURES  ARE  REQUIRED  TO  BE
IMPLEMENTED.
  (B)  BEFORE  THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH (A) OF
THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP  CONFIDEN-
TIALITY  PROTOCOLS  WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES
THE PROTOCOLS AND ANYONE TO WHOM THE  RECIPIENT  SHOWS  A  COPY  OF  THE
REPORT IN CONSULTATION WITH THE DIRECTOR, FOR THE MAINTENANCE AND USE OF
SUCH  REPORT  SO  AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND ALL
INFORMATION CONTAINED THEREIN, PROVIDED, HOWEVER,  THAT  SUCH  PROTOCOLS
SHALL NOT BE BINDING UPON A PERSON WHO IS PROVIDED ACCESS TO SUCH REPORT
OR  ANY INFORMATION CONTAINED THEREIN PURSUANT TO SECTION EIGHTY-NINE OF
THE PUBLIC OFFICERS LAW AFTER A FINAL DETERMINATION THAT ACCESS TO  SUCH
REPORT OR ANY INFORMATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT
TO  SUBDIVISION  TWO OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
THE DIRECTOR SHALL ALSO DEVELOP PROTOCOLS FOR SUCH OFFICE RELATED TO THE
MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE  THE  CONFIDENTIALITY
OF  ALL  SENSITIVE INFORMATION CONTAINED IN SUCH REPORT. ON EACH REPORT,
THE DIRECTOR SHALL PROMINENTLY DISPLAY THE  FOLLOWING  STATEMENT:  "THIS
REPORT MAY CONTAIN INFORMATION THAT IF DISCLOSED COULD ENDANGER THE LIFE
OR  SAFETY  OF  THE  PUBLIC,  AND  THEREFORE,  PURSUANT TO SECTION SEVEN
HUNDRED ELEVEN OF THE EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED AND
USED IN A MANNER CONSISTENT  WITH PROTOCOLS ESTABLISHED TO PRESERVE  THE

S. 4699                             3

CONFIDENTIALITY OF THE INFORMATION CONTAINED HEREIN IN A MANNER CONSIST-
ENT WITH LAW."
  (C)  THE  DEPARTMENTS OF TRANSPORTATION AND ENVIRONMENTAL CONSERVATION
SHALL HAVE THE DISCRETION TO REQUIRE THAT RECOMMENDATIONS OF THE  DIREC-
TOR BE IMPLEMENTED BY ANY OWNER OR OPERATOR OF A RAIL YARD FACILITY.
  S 2. This act shall take effect immediately.

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